Grounds for Involuntary Termination of Parental Rights - Penobscot Nation

Date: August 2025

Grounds for Termination of Parental Rights
Citation: Tribal Code Ch. 15, Subch. 6, §§ 1; 2; 5; Subch. 7, §§ 1; 5; Subch. 1, § 2

As a general proposition, the Penobscot Nation does not support termination of parental rights except in rare cases. When it is appropriate and in the best interests of the child, modification of parental rights and customary adoption is the preferred permanency plan.

'Customary adoption' means the Tribal process that gives a child a legally recognized permanent parent-child relationship with a person other than the child's birth parent and that modifies the parental rights of the child's birth parent(s).

The court may order involuntary modification of parental rights upon consideration of both of the following:

  • One of the following conditions has been met:
    • Custody has been removed from the parent under a protection order issued by the court.
    • The petition has been filed as part of a customary adoption proceeding.
  • The court finds, based on clear and convincing evidence, the following:
    • The parent is unwilling or unable to provide a home for the child free from jeopardy in a time that is reasonable in terms of the child's needs.
    • Modification is in the best interests of the child.

In deciding whether to modify parental rights, the court shall consider the needs of the child, including the child's age, Tribal ties, attachments to relevant persons, ability to integrate into a substitute placement or back into the parent's home, and the child's expressed wishes regarding modification.

As a general proposition, the Penobscot Nation does not support termination of parental rights but recognizes there may be extreme circumstances when it is appropriate and in the best interests of the child.

The court may order involuntary termination of parental rights upon consideration of both of the following: 

  • One of the following conditions has been met:
    • Custody has been removed from the parent under a protection order issued by the court.
    • The petition has been filed as part of an adoption proceeding under subchapter 9.
  • The court finds, based on clear and convincing evidence, the following:
    • The parent is unwilling or unable to provide a home for the child free from jeopardy in a time that is reasonable in terms of the child's needs.
    • Termination is in the best interests of the child.

In deciding whether to terminate parental rights, the court shall consider the needs of the child, including the child's age, Tribal ties, attachments to relevant persons, ability to integrate into a substitute placement or back into the parent's home, and the child's expressed wishes regarding termination.

'Aggravating factor' means any of the following circumstances with regard to the parent: 

  • The parent has subjected any child for whom the parent was responsible to aggravated circumstances, including, but not limited to, rape, gross sexual misconduct, gross sexual assault, sexual abuse, incest, aggravated assault, kidnapping, promotion of prostitution, abandonment, torture, chronic abuse, or any other treatment that is heinous or abhorrent to Penobscot Tribal culture.
  • The parent refused for 6 months to comply with the treatment required in a reunification plan with regard to the child.
  • The parent has been convicted of any of the following crimes, and the victim of the crime was a child for whom the parent was responsible, or was a child who was a member of a household lived in or frequented by the parent:
    • Murder, felony murder, or manslaughter
    • Aiding, conspiring, or soliciting murder or manslaughter
    • Felony assault that results in serious bodily injury
  • The parental rights of the parent to a sibling have been terminated involuntarily.
  • The parent has abandoned the child.

Timeframes for Termination Proceedings
Citation: Tribal Code Ch. 15, Subch. 6, § 2; Subch. 7, § 2

A petition for modification of parental rights may be filed no earlier than 3 months after the issuance of a protection order under subchapter 4, §4.

A petition for termination of parental rights may be filed no earlier than 3 months after the issuance of a protection order under Subchapter 4, §4, unless there is an aggravating factor. 

A termination petition may be filed if the child has been in foster care for 15 out of the last 22 months unless a compelling reason exists that it would not be in the best interests of the child.

A termination petition may be filed within 60 days of a judicial determination that a child is an abandoned infant unless a compelling reason exists that it would not be in the best interest of the child.

A termination petition may be filed within 60 days of a judicial determination that reasonable efforts to reunify the child and parent are not required because of an aggravating factor as defined in Subchapter 1, §2.

Exceptions
Citation: Tribal Code Ch. 15, Subch. 6, § 5; Subch. 7, § 5

The court shall not order modification of the parent's parental rights if the child is at least 12 years old and objects to the modification.

The court shall not order the termination of the parent's parental rights if the child is at least 12 years old and objects to the termination.

When Parental Rights May Be Reinstated
Citation: Tribal Code Ch. 15, Subch. 6, § 6

Final orders for the modification of parental rights may be reviewed by the court at the request of the birth parent or the agency possessing custody of the child, only if one of the following occurs:

  • There is no final permanency order in effect after a period of 1 year after the entry of the final order modifying parental rights.
  • The adoption of the child fails.
  • The adoptive parent is deceased.

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